Landlord Wins Non-payment Case: Ortega Arrioja v Plechowski 2024
Mississauga tenants evicted for non-payment of rent, owe $19079 to landlord
Summarized by RentZenLast updated: October 13, 2024
Case Summary
Unit ****, 1853 Silverberry Crescent, Mississauga, ON L5J1C8
Decision in favor of
landlord
Balance Owed to Landlord
$19,079
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Dec 2023
Hearing Date
May 2024
Order Date
Jun 4, 2024
Tenancy End Date
Jun 2024
Dispute Summary
Landlords applied to terminate the tenancy and evict Tenants due to non-payment of rent. Tenants filed a s.82 application claiming the Landlords failed to meet maintenance obligations and collected an illegal damage deposit.
Determinations
- Landlords served valid N4 Notice
- Tenants did not void notice by paying arrears
- Tenants still in possession on hearing date
- Lawful monthly rent is $2,800
- Tenants have not made any payments since application filed
- Rent arrears of $25,500 as of hearing date
- Landlords incurred $201 in filing fees
Arguments and Actions
Landlord
Actions
Landlords collected an illegal $400 damage deposit, ignored maintenance issues, and tried to demand an illegal rent increase.
Tenant
Arguments
Tenants claimed the Landlords failed to meet maintenance obligations and collected an illegal damage deposit.
Actions
Tenants vacated the rental unit on September 8, 2022, without paying full rent arrears.
Decision Summary
Landlords' application to terminate tenancy and evict Tenants due to non-payment of rent is granted. Tenants may void the order by paying $25,344.64 by June 15, 2024. If Tenants do not void the order, they must pay $19,079.05 to Landlords and vacate the unit by June 15, 2024.
Adjudicator Details
LTB Member
Total Orders
152
Landlord Favorable
79.0%
Tenant Favorable
5.3%
Mutual Agreement
15.8%
Need assistance from an expert?
Sponsored
Financial Details
Lawful Rent
$2,800
Rent Arrears
$25,500
Application Fee
$201
Rent Deposit
$2,800
Deposit Interest
$75
Total Owing
$19,079 (Owed to Landlord)
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.